Surrogacy

Surrogacy in England: Specialist Surrogacy Lawyers UK

For those who wish to grow their family through surrogacy in England, the process can be difficult and complex. At Pinney Talfourd, our experienced surrogacy lawyers who are ranked Tier 1 in the Legal 500 are here to guide you every step of the way.

Is Surrogacy in England Legal?

Surrogacy is legal in the UK. However, due to the current law in England dealing with surrogacy arrangements, a great deal of trust is needed between the intended parents and the surrogate.
Surrogacy agreements are not currently enforceable by UK law, although it is still a good idea to have one. The agreement sets out how the arrangement will work and the commitment that each person is making to the other. One particular commitment is the paying of expenses. In the UK, it is illegal to pay a surrogate, but it is usual for expenses to be reimbursed. There are various rules and regulations about expenses and payments. Our specialist surrogacy lawyers can guide you through this often complicated aspect of the process.

How Can Pinney Talfourd Surrogacy Lawyers Assist?

We understand that it is important to make strong foundations and have clear communication from the outset. Our team of surrogacy lawyers can assist you from the earliest stages of the process right through to the making of the parental order.

Some clinics may require that the intended parents have taken legal advice in advance of treatment commencing to ensure that they understand the parental order process after the child is born. Because of the complex legal position in terms of Surrogacy in England, many couples look abroad for their surrogate, which brings an additional set of potential problems in relation to not only the law of the other country – but immigration too. Our surrogacy solicitors can help navigate these challenges.

What About the Rights of the Person Donating Sperm?

Our team of surrogacy lawyers can also advise you on the rights of the person donating the sperm, as the legal position will depend on whether the sperm was donated via a licensed clinic. There is the issue of parenthood, particularly legal parenthood, and how it should be transferred to intended parents. A court order, either a parental order or adoption order, is required, although it is most common for there to be a parental order. Without a parental order, the intended parents may not be the child’s legal parent under English law. At times, there can be complications when transferring legal parenthood, which we would guide you through.

The parental order has to be applied for within 6 months of the child being born. It involves the family court and a court-appointed social worker. Parental order applications are typically heard by magistrates. They will be heard by a High Court judge if the child has been born overseas or there are questions over whether the criteria are met. The vast majority of surrogacy cases in England and Wales are straightforward, and it is rare that a parental order to transfer parenthood to the intended parents is not considered in the best interests of the child.

Disputes Following Surrogacy Births

Although it rarely happens, if there is a dispute following the child’s birth, our surrogacy lawyers can assist you with making an application to the court for a child arrangements order.

What Else Should You Consider?

It is also sensible to consider making a will before you embark on your surrogacy journey. A will can protect the child in the event of the death of the surrogate or the intended parents. Our wills, trusts, and probate department can help you with this for a fixed fee.
Our employment law department can also advise you on issues around parental leave.

Why Pinney Talfourd?

Our family law department has held Tier 1 status in the prestigious Legal 500 rankings for numerous years. Surrogacy in England is a relatively new area of law which is not dealt with by many family law firms. Our experts in surrogacy law can assist you through this journey. Whether you need guidance on surrogacy in England or are seeking experienced surrogacy lawyers, Pinney Talfourd is here to support you.